Army and Air Force Canteen Service Amendment Regulations 1999 (No. 1) 1999 No. 56
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 56
Issued by the Authority of the Minister for Defence
Defence Act 1903
Army and Air Force Canteen Service Amendment Regulations 1999 (No. 1)
The Army and Air Force Canteen Service Regulations (the Principal Regulations), made under the Defence Act 1903, provide for the establishment and operation of the Army and Air Force Canteen Service ("the Canteen Service"). The purposes of the Canteen Service include the supply of goods, facilities and services to, or for the recreation of, members of the Army or Air Force and persons employed in Army or Air Force installations, their dependants, visitors to the installations, and cadets.
The Canteen Service is conducted and controlled by a Board of Management ("the Board"), which is established by regulation 9 of the Principal Regulations. Regulation 10 of the Principal Regulations sets out the composition of the Board. Prior to the Statutory Rule, the Board consisted of. two officers of the Army not below the rank of Brigadier and two officers of the Air Force not below the rank of Air Commodore, appointed by their respective service chiefs; a public servant employed in the Department of Defence appointed by the Secretary to that Department; three persons appointed by the Minister; and the Managing Director of the Canteen Service. As a result of the Defence Reform Program and the amalgamation of civilian and military personnel matters, it was considered that the 4 military representatives were sufficient to represent the interests of Defence. The Statutory Rule omits paragraph 10(1)(c) from the Principal Regulations thereby removing the representative of the Secretary of the Department from the Board.
Regulation 12 of the Principal Regulations outlines the procedures for meetings of the Board. Subregulation 12(4) of the Principal Regulations provided that at a meeting of the Board, 6 members shall constitute a quorum. As a result of reducing the number of Board members the Statutory Rule amends subregulation 12(4) of the Principal Regulations to reduce the quorum requirement from 6 to 5 members of the Board.
The Regulations also change the name of the Principal Regulations to the Army and Air Force Canteen Service Regulations 1959.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Army and Air Force Canteen Service Amendment Regulations 1999 (No. 1) were introduced to amend the Army and Air Force Canteen Service Regulations, which were made under the Defence Act 1903. This legislation aims to update the composition and quorum requirements of the Board of Management that governs the Canteen Service, which supplies goods, facilities, and services to members of the Army and Air Force, their dependents, and others. The amendment was prompted by the Defence Reform Program, specifically the integration of civilian and military personnel matters, which rendered the prior composition of the Board redundant. Consequently, the regulations remove the representative from the Department of Defence from the Board and reduce the quorum requirement from six to five members. The regulations were issued by the authority of the Minister for Defence, aligning with the overarching policy objective of streamlining Defence administration.
These amendments to the Army and Air Force Canteen Service Regulations aim to ensure the Board's composition reflects the current administrative structure of the Defence Force while maintaining effective governance. The changes were made to streamline the decision-making process and ensure the Board remains representative of Defence interests. The Statutory Rule is effective from the date of gazettal, ensuring that the updated regulations are implemented without delay.
Scope and Application
The Army and Air Force Canteen Service Amendment Regulations 1999 (No. 1) are subsidiary legislation under the Defence Act 1903 and focus on modifying the Army and Air Force Canteen Service Regulations, which govern the operation of the Canteen Service. This service is dedicated to supplying goods, facilities, and services to members of the Australian Army and Air Force, their dependents, employees of Army and Air Force installations, visitors to these installations, and cadets. The regulations concern the establishment and management of the Canteen Service, including the composition and quorum requirements for the Board of Management responsible for overseeing the service. Specifically, the amendment reduces the size of the Board and adjusts the quorum requirement for Board meetings, reflecting Defence reforms and the amalgamation of civilian and military personnel matters. These changes streamline the Board's composition and operational efficiency. The regulations apply within the Australian jurisdiction, affecting the Defence sector and the entities involved in managing and operating the Canteen Service. The changes are effective from the date of their gazettal and do not include any explicit exclusions or thresholds within the text provided.
Key Provisions
The Army and Air Force Canteen Service Amendment Regulations 1999 (No. 1) (F1999B00053) primarily make adjustments to the Army and Air Force Canteen Service Regulations (Principal Regulations), which were established under the Defence Act 1903. The key sections of this amendment include the alteration of the Board of Management's composition and the quorum requirements for its meetings. Specifically, regulation 10 is amended to exclude the representative of the Secretary of the Department of Defence, thereby reducing the Board from seven to five members. Additionally, regulation 12(4) is updated to reflect the change in Board size, reducing the quorum from six to five members for Board meetings. Furthermore, the Regulations update the title of the Principal Regulations to the Army and Air Force Canteen Service Regulations 1959.
These Regulations impose specific obligations on the Board of Management, which now consists of four military representatives and three other appointees. The Board is tasked with conducting and controlling the Canteen Service, which aims to provide goods, facilities, and services for the recreation of Army and Air Force members and their families, employees, visitors, and cadets. The Board must ensure that the Canteen Service operates efficiently and effectively to meet these objectives. Furthermore, the Regulations require the Board to adhere to the new quorum requirements, ensuring that at least five members are present to conduct valid meetings.
Failure to comply with the provisions of these Regulations could potentially lead to civil or criminal consequences, although specific offences, penalties, or consequences are not explicitly stated in the text. The overarching framework of the Defence Act 1903 and other relevant legislation would provide the context for any legal repercussions for non-compliance. Given the strategic importance of the Canteen Service, adherence to the stipulated regulations is crucial to maintain operational efficiency and the service's ability to support Defence personnel and their families.
The Statutory Rule takes effect on the date of its gazettal, meaning that the changes to the Board's composition and quorum requirements come into force immediately. This swift implementation underscores the importance of the reforms and the necessity to streamline the Canteen Service's governance structure. By omitting the representative of the Secretary of the Department of Defence, the Regulations aim to simplify the Board's composition while ensuring that the Canteen Service remains under robust and representative oversight.